Damages and Judicial Review
Section 31(4) of the Senior Courts Act 1981 defines the circumstances in which the
court may award damages, restitution or the recovery of a sum due on a claim for
judicial review. When this is viewed alongside Civil Procedure Rules (CPR) 54.3(2), it becomes clear that a claim for damages or restitution may be included in a claim for judicial review, but only in addition to a claim for one of the prerogative remedies or a declaration or injunction; a claimant may not seek damages or restitution alone in a claim for judicial review.
During this session public law practitioner Dean Kingham will examine when it is possible and /or appropriate to attach a claim for damages or restitution onto public law judicial review cases.
Consideration will be given to the grounds for judicial review, statutory principles and recent public law cases in this area.
Viewers will be encouraged to think flexibly on how best to argue for damages in judicial review cases and will receive guidance on how to do this effectively in practice.
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